Bhuvnesh Kumar Mathuriya vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Bhuvnesh Kumar Mathuriya vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to file a fresh representation (with the writ petition and certified copy of the order) before respondent no. 2 within 15 days; respondent no. 2, District Inspector of Schools, Farrukhabad, directed to decide the representation in accordance with law, preferably within eight weeks. No relief granted on the salary refixation claim, which was left undecided on merits.

Issue for consideration

Whether respondent no. 2 should be directed by mandamus to refix the petitioner's salary as Lecturer, Dr. Shivnandan Singh Inter College, Khimsepur, District Farrukhabad, w.e.f. 11.06.2012. +1 more

Ratio / Principle

Without entering into the merits of the case, the Court allowed the innocuous prayer of the petitioner, there being no objection from learned Standing Counsel for the State-respondents.

Key takeaways

The petitioner was directed to file a fresh representation along with the present writ petition and a certified copy of the order before respondent no. 2 within 15 days from the date of production of the certified copy of the order.ratio¶18
Respondent no. 2, the District Inspector of Schools, Farrukhabad, was directed to decide the fresh representation in accordance with law, expeditiously, preferably within eight weeks from the date of receiving it.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Chandra Dhari Singh, J.) disposed of Writ-A No. 13367 of 2025 (Bhuvnesh Kumar Mathuriya v. State of U.P. and 3 others) on September 9, 2025, without entering into merits. The petitioner, a Lecturer at Dr. Shivnandan Singh Inter College, Khimsepur, District Farrukhabad, had sought mandamus for refixation of his salary w.e.f. 11.06.2012 and for decision on his representation dated 01.07.2025. On the counsel's unopposed innocuous prayer, the Court directed the petitioner to file a fresh representation with a certified copy of the order before respondent no. 2 (District Inspector of Schools, Farrukhabad) within 15 days, and directed the D.I.O.S. to decide the representation in accordance with law, expeditiously, preferably within eight weeks. The salary refixation claim itself was not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 13367 of 2025

Bhuvnesh Kumar Mathuriya

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s) Counsel for Petitioner(s) : Mukesh Kumar Counsel for Respondent(s) : C.S.C.

Court No. - 32

HON'BLE CHANDRA DHARI SINGH, J.

The instant writ petition has been filed seeking the following main prayers:-

"a) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to refix the salary of the petitioner as Lecturer, Dr. Shivnandan Singh Inter College, Khimsepur, District: Farrukhabad w.e.f. 11.06.2012.

b) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation of the petitioner dated 01.07.2025 (Annexure No. 7)."

Learned counsel appearing on behalf of petitioner without entering into merits of the case, made an innocuous prayer that the petitioner may be permitted to file a fresh representation before respondent no.2 and a direction may be issued to him to decide the same in time bound manner.

Learned Standing Counsel appearing on behalf of the State-respondents vehemently opposed the writ petition on merits, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner.

Heard Sri learned counsel appearing on behalf of the petitioner, Sri Saurabh, learned Standing Counsel appeared on advance accepted notice on behalf of the State-respondents, perused the contents made in the writ petition and the documents on record.

WRIA No. 13367 of 2025

2

Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing counsel appearing on behalf of State-respondents. Petitioner is directed to file a fresh representation along with present writ petition as well as certified copy of this order before respondent no.2 within 15 days from the date of production of certified copy of this order. After receiving the said representation, respondent no.2, District Inspector of Schools, Farrukhabad is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation.

With the aforesaid directions/observations, the present writ petition is disposed of .

(Chandra Dhari Singh,J.)

September 9, 2025 Atul

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad